When applying for a divorce in Australia, the law does not consider the cause of the marriage breakdown. The only requirement is that it must be demonstrated that the marriage has broken down irretrievably. To do so, parties must satisfy the Court that they have separated and continued to live separately for a period of 12 months.
There are special requirements when applying to Court for a divorce if the marriage was less than 2 years or if there are children of the marriage under the age of 18.
Divorce is usually the last step in a family law matter and marks the legal end to a marriage. However, it does not deal with issues such as the division, transfer or sale of property (known as a Property Settlement), spousal maintenance, parenting or child support. These issues are dealt with separately.
Martens Legal has experience in assisting clients to resolve all issues surrounding a separation, including divorce.